[Ord. 675, 11/17/1986]
1.
Words and phrases, when used in this chapter, except for sections
or Parts to which different or additional definitions apply, shall
have the meanings ascribed to them in the Vehicle Code (the Act of
June 17, 1976, P.L. 162, No. 81), as amended, except that, in this
chapter, the word "street" may be used interchangeably with the word
"highway" and shall have the same meaning as the word "highway" as
defined in the Vehicle Code.
2.
The term "legal holidays" as used in this chapter shall mean and
include: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
3.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
4.
Although the streets in the Borough run generally in a northeast-southwest
and a northwest-southeast direction, for the purpose of this chapter,
Fourth Street and the street running parallel or generally parallel
to Fourth Street shall be deemed to run in a north-south direction,
and Chestnut and Main Streets and the streets parallel or generally
parallel to Chestnut and Main Streets shall be deemed to run in an
east-west direction.
[Ord. 675, 11/17/1986]
All traffic and parking regulations of a permanent nature shall
be enacted as ordinances, as parts of ordinances, as amendments to
ordinances, or as amendments to this chapter, except where the law
specifically authorizes less formal action.
[Ord. 675, 11/17/1986]
The provisions of this chapter, so far as they are the same
as those of ordinances and regulations in force immediately before
the enactment of this chapter, are intended as a continuation of those
earlier ordinances and regulations, and not as new enactments. Nothing
in this chapter shall affect any act done or liability incurred, or
any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
[Ord. 675, 11/17/1986]
The Mayor shall have the following powers to regulate traffic
and parking temporarily and in time of emergency:
1.
In the case of fire, flood, storm or other emergency, to establish
temporary traffic and/or parking regulations; and
2.
In the case of emergency or to facilitate public works, or in the
conduct of parades, processions or public events, to restrict or prohibit
traffic and/or parking in limited areas for periods of not more than
72 hours.
Such temporary and emergency regulations shall be enforced by the Police Department in the same manner as permanent regulations. Any person who shall operate or park a vehicle or tractor in violation of any such regulations, or who shall move, remove, destroy, injure or deface any sign or marking erected, posted or made to give notice of any such regulation, shall, upon conviction thereof, be subject to the penalty set forth in the law or elsewhere in this chapter 15 for a violation of such nature, and, in case of a violation for which no specific penalty is set forth in the law or elsewhere in this chapter, to a fine of not more than $25 together with costs of prosecution.
[Ord. 675, 11/17/1986]
The Borough Council may, from time to time by resolution, designate
places upon and along the highways in the Borough where for a period
of not more than 90 days, specific traffic and/or parking regulations,
prohibitions and restrictions shall be in force and effect, and shall
designate such locations by proper signs and markings. Such regulations,
prohibitions and restrictions shall be effective as is they had been
specified in this chapter. No person shall operate or park a vehicle
or tractor in violation of any such regulation, prohibition or restriction,
and no person shall move, remove, destroy or deface any sign or marking
erected, posted or made by authority of this section. Any person who
shall violate any provision of this section shall, upon conviction
thereof, be subject to the penalty set forth in the law or elsewhere
in this chapter for a violation of such nature, and in case of a violation
for which no specific penalty is set forth in the law or elsewhere
in this chapter, to a fine of not more than $25 together with costs
of prosecution; provided, the purpose of this section is to allow
for the test and experimental determination of the feasibility and
desirability of permanent changes in the ordinances of the Borough
relative to traffic and parking.
[Ord. 675, 11/17/1986]
1.
Borough Council shall have authority to close any street or specific
part of a street to vehicular traffic and to place barriers or station
police officers at each end of the closed portion, while construction
or maintenance work is under way or a special event is being conducted
on the closed portion. It shall be unlawful for any person to drive
a vehicle upon any such closed portion.
2.
Borough Council shall have authority to establish a restricted traffic
area upon any street where construction or maintenance work is under
way and to station flagmen at each end of the restricted portion.
It shall be unlawful for any person to drive a vehicle upon any such
restricted traffic area at any time when the flagman is displaying
a sign directing that vehicle to stop, or is signaling that vehicle,
by a flag or other device, not to proceed.
3.
Any person who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 675, 11/17/1986; as amended by Ord. No. 1212, 8/16/2021]
1.
Purpose and Intent. It is the purpose and intent of the Borough to
establish a process to address large gatherings within the Borough
of Emmaus in public spaces, including in streets, parks, and other
public spaces not otherwise covered by previous policies, such as
pavilion or athletic field reservations. By requiring permits which
will address issues with large gatherings, including for parking,
bathroom facilities, garbage, traffic issues, security, payment for
Borough resources and manpower, the Borough of Emmaus will be better
able to preserve the rights of quiet enjoyment of property, peaceful
enjoyment, security, health, safety, and general welfare within the
Borough.
2.
ASSEMBLAGE
LARGE GATHERING
PERSON
PROCESSION
Definitions. For the purpose of this section, the words "assemblage"
and "procession" shall have the following meanings:
A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street.
A group of individuals, of 50 or more persons that gather
for any organized purpose in public parks, parking lots, public streets,
or public spaces.
An individual or individuals, including entities such as
corporations, LLCs, and other recognized organizations.
A group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement
of traffic. A procession shall not include a funeral caravan or military
convoy or governmental convoy.
3.
Applicability.
A.
This section shall apply as follows:
(1)
Large gatherings of 50 or more persons, assemblages and processions
in all public parks, parking lots, public streets, or public spaces.
B.
The following is a list of exceptions for this section:
(1)
Gatherings in public parks covered by pavilion or field rentals
and reservations covered by the Borough rental and reservation policies.
(2)
Gatherings initiated or sponsored by the East Penn School District,
Seven Generations Charter School, or other schools located within
the Borough.
(3)
Gatherings sponsored by the Borough of Emmaus and any and all
divisions and commissions of the Borough of Emmaus.
4.
Establishment of a Permit Application Process.
A.
The Borough of Emmaus shall establish a permit application process.
The application shall have no charge, however, the applicant shall
be responsible for all costs relating to police and security coverage,
bathroom facilities, emergency services standby costs if needed as
determined solely by the Borough, and any and all other costs incurred
by the Borough, as outlined in the current Borough fee schedule. The
applicant may also be required to pay a fee if the event requires
exclusive use of the public space for their event. The fee shall be
in accordance with the Borough fee schedule. The application for the
permit shall be filed no less than 10 days prior to the event. In
instances where a state-owned street is affected, the permit application
shall be filed no less than 21 days prior to the event. The permit
shall be on a form designated by the Borough Council of the Borough
of Emmaus, which may from time to time be amended but in basic format
contain the following elements:
(1)
Address for event.
(2)
Any and all streets that may be impacted with a detailed explanation
regarding the type of impact and the amount of time impacted.
(3)
Name, home address, telephone number, email address, and all
pertinent contact information for the party responsible for the event,
including the same information for all coordinators of the event.
(4)
Purpose of the event and number of people attending.
(5)
Date and time of the event.
(6)
How the parties responsible for the event will address parking.
(7)
How the parties responsible for the event will address bathroom
facilities.
(8)
How the parties responsible for the event will address garbage
collection.
(9)
How the parties responsible for the event will address security
and other public safety measures.
(10)
Vendors for the event. The Borough expressly prohibits vendors
from selling items or food at any event without the properly obtained
license and other inspections, as required by Borough ordinance.
(11)
How the parties responsible for the event will address informing
adjacent properties that could be potentially impacted by the event,
no less than seven days prior to the event.
B.
It shall be unlawful for any person to hold or participate in any
assemblage, procession, event or large gathering on a public street,
park, or public space unless the person organizing or conducting the
gathering first obtains a permit from the Borough, which shall be
issued according to the Borough of Emmaus fee schedule. Application
for the permit shall be made at least two weeks in advance of the
day on which the assemblage, procession, event, or large gathering
is proposed to be held, but in any case where a state-designated highway
is proposed to be used, application shall be made at least three weeks
in advance of the proposed date. The permit shall state the place
where and the date when the assemblage is to be held, the hour when
the assemblage, procession, event, or large gathering may convene
and the hour by which it shall have been completely dispersed. Specifically,
for a procession, the permit shall specify the date on which the procession
is to be held, the route to be followed by the procession, the hour
when and place where participants may commence to assemble and form
before the procession is under way, the time when the procession may
commence to move along its route, and the time by which the end of
the procession shall have reached the end of the route of the procession
and the procession shall have been disbanded. It shall be unlawful
for any person to hold or to participate in any assemblage, large
gathering, event, or procession unless the permit has been granted,
or at any time or place other than that authorized by the permit,
or under any conditions as to time or route or otherwise than those
stated in the permit.
5.
Issuing of Permit.
A.
A permit will be issued in the event the Borough Council of the Borough
of Emmaus is satisfied that the event owner has a responsible plan
to address the impact of the event, assemblage, or procession to the
rights of quiet enjoyment of the neighbors in the area, the rights
of businesses located in the neighborhood to reasonably continue conducting
business and for the safety of the community and neighborhood to be
reasonably unaffected. Considerations will be given to the history
of the party responsible for the event and their history in managing
events.
B.
For events, large gatherings, assemblages, or processions that have
been approved by the Borough Council for two consecutive years, Borough
Council shall authorize the Borough Manager to issue the permit, provided
that the event has continuously met the requirements above and the
proposed event is reasonably unchanged.
6.
Inspections for Violations. Adherence to this section does not relieve
any person, legal entity or agent from any other obligations set forth
in any applicable code(s) or ordinance(s), or laws, which may apply
to the property, event, vendors, or participants of the event.
7.
Penalties.
A.
Any person who shall conduct, organize, or host a large gathering,
event, assemblage, or procession of 50 persons or more in public parks,
parking lots, public streets, or public spaces without a valid permit
shall be in violation of this section and shall be subject to the
following penalties.
|
Description of Violation
|
Civil Penalty
| |
|---|---|---|
|
a)
|
Failure to obtain a permit for a gathering of 50 to 100, 1st
offense (Plus any costs to provide any service deemed necessary by
Borough Council)
|
$250
|
|
b)
|
Each subsequent offense for failing to obtain a permit for 50
to 100 (Plus any costs to provide any service deemed necessary by
Borough Council)
|
$500
|
|
c)
|
Failure to obtain a permit for a gathering over 100, first offense
(Plus any costs to provide any service deemed necessary by Borough
Council)
|
$500
|
|
d)
|
Each subsequent offense for failing to obtain a permit for over
100 (Plus any costs to provide any service deemed necessary by Borough
Council)
|
$1,000
|
B.
Any person who willingly attends an event as set forth in this section
knowing that no permit exists, shall, upon conviction, shall be sentenced
to pay a fine of no less than $25 and no greater than $100 and costs.
C.
A person shall be given written notice of the date, time and place
of the violation as well as the imposition of the amount of penalty.
If that party fails to pay the civil penalty, the claim may be enforced
by a civil action filed with the District Justice for said sum including
attorney fees and costs.
8.
Amendments. Registration and penalty fees outlined in this section
may be modified by a resolution, passed and adopted by the Borough
Council of Emmaus. Penalty fees shall be set by this section or any
amendments thereof.
[Ord. 675, 11/17/1986]
The police officers and public works flagman with proper attire
of the Borough are hereby given authority to direct traffic on the
highways of the Borough and at intersections thereof.
[Ord. 675, 11/17/1986]
The Borough of Emmaus Police Department is hereby authorized
to use all mechanical, electrical or electronic speed timing devices
for the determination of speed of a motor vehicle as are approved
or will be approved by the Department of Transportation of the Commonwealth
of Pennsylvania.
This section authorizes the use of said devices upon all highways
within the Borough, be they Borough, county or state highways, and
does also hereby elect to exercise all powers granted to "local authorities"
under the Vehicle Code of the Commonwealth of Pennsylvania, 75 P.S. § 1101
et seq. (1977) as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
